Spouse Visa Questions for Non EEA national - Im confused

[nikki_d]

Hi Everyone

I apologise if I am asking a repeat question - I have been reading through quite a lot of posts but can't see an answer to a few of my questions. I would be really grateful for any advice as Im getting more and more confused!!!!

I recently married my husband in Jamaica on 25/8/12 - I am a Britsh national. He was here earlier this year on a visit visa for 4 months - left in Feb12.

I have been working for the same company for 12 years, part time (20 hrs) and my annual salary is £12,800. I have been in receipt of tax credits including childcare help but no other income related benefits.

Due to the new requirements, I do not currently meet the income thresh-hold, but I have been actively looking for a new job - we meet all the other requirements. I was offered on Friday an additional position with my current employer. The addiitonal position would be subject to a new contract - therefore I would keep my old contract, rate of pay etc for the 20 hours and have a new contract for remaining 17.5 hours but my previous time with them would still count I think. The new job would be at an annual salary of £7999, which would bring me over the £18600 requirement. I have about 13K savings which rreally are irrelevent because they are not enough.

I would no longer be entitled to tax credits and my childcare costs would increase and in effect, I will be worse off, with about £150 left a month to buy food, petrol, etc once I have paid my rent, council tax, utilities, etc. I have two kids, one of 9 and one of 17 who receives DLA and is not in education or employment due to her problems.

My questions are:

1. I think I might be entitled to housing benefit - am I allowed to claim housing benefit. I have looked at the financial requirements on the UKBA page and I cant see anything about HB. Will it mean that I wont be able to apply for my husband if I get HB?

2. As it is for the same employer, I am thinking that I will still only need to supply six months worth of payslips at the higher salary with a letter from my employer confirming my two positions and when my salary increased. Is that correct or is it 12 months?

3. From what I can remember, when I was running through the application form for the visa, at then end of the form I think it asks about dependants and how you support them and to give a income/expenditure breakdown. Obviously, once they see this, if I dont get HB, they will see that I am barely able to support myself and my two kids, let alone an extra person until he gains employment. This really worries me and I dont want to go through the next six months struggling to get him her, if they turn us down anyway.

4. Could I bring him from Jamaica to Ireland exercising EU rights and then leave him there whilst Im working the six months in the UK. Is that legal? Could he work there? From the point of being able to see each other, it would be a lot easier and take a little bit of pressure off. Traveling to and from Jamaica is very expensive.

I have looked at so many ways to try and get round this and it causing so much stress and pressure I dont know what to do. Finding a well paid job with no professional qualifications is hard and the longer it goes on, the longer it takes for the six months to start. I cant go EEA route because I cant take my daughter out of school. I cant apply for irish citizenship as it was only my great grandmother born there so thats off the agenda. I dont think they would give my husband another visitor visa so soon, especially as we are now married and dont meet the financial requirements - but if he was here he could help with my childcare and that would get rid of thse costs. I cant apply for carers allowance for my daughther because I earn too much. Living in Jamaica is not an option at the moment. A job offer for him doesnt count.

Sorry for the big long essay - any advice, big or small will help and thank you in advance for taking the time to read this.